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Lawyer suspended 2 yrs for notarizing document while signatory was absent

By J.Lo

“In this case, Atty. Reago ‘s act of notarizing  SPA even if  signatory did not personally appear before him to affix her signature and acknowledge same clearly falls short of  yardstick of accuracy and fidelity required of notaries public,“ Supreme Court on Monday, September 16  suspended  lawyer after he forged his client’s signature and notarized  special power or attorney despite his client being out of the country.

This resulted in  lawyer, Lorenzo Reago, being suspended from  practice of law for two years and also prohibited from being commissioned as notary public for two years.

He is also directed by high court to file  manifestation before  Supreme Court to indicate that his suspension has started.

Complainant Maria Brozas-Garri accused Reago of failing to return her copy of  Transfer Certificate of Title which he borrowed, despite repeated requests. 

She also claimed that lawyer Reago prepared  Special Power of Attorney (SPA) allowing his wife to lease out her house and lot and he notarized  document even though her signature was forged, as she was out of the country at the time.

Additionally,  complainant accused Reago of neglecting to file important legal paperwork and failing to provide updates in  case where he was representing her and other plaintiffs.

In his defense, Reago asserted that he already returned  Transfer Certificate Title to Brozas-Garri through her sister in 2016, with proof of receipt. 

Reago claimed  Special Power of Attorney was created with her full knowledge and that she agreed to  lease and even received rental payments. 

Case  was referred to  Integrated Bar of the Philippines (IBP) for further investigation and recommendations.

IBP then recommended  Reago should be administratively liable for violating Canon 1 of  old Code of Professional Responsibility (CPR) and  2004 Rules on Notarial Practice.

IBP Board further noted that Reago aggravated his violation by knowingly preparing and notarizing  document with  forged signature while Brozas-Garri was abroad.

Reago then filed  motion for reconsideration but was denied. This prompted him to appeal his case before  Supreme Court.

Supreme Court has upheld findings of  IBP. In its ruling, it stressed that notarization is not  mere formality but  act of significant public interest, converting private documents into public ones, which are admissible in court without further authentication.

High  tribunal highlighted act of notarization grants  document full faith and credit, making it crucial for notaries public to strictly adhere to  basic requirements of their duties. 

“Notaries public are enjoined to observe with utmost care  basic requirements in  performance of their duties; otherwise, confidence of  public in  integrity of this form of conveyance would be undermined,”  Supreme Court’s decision read. 

Citing  2004 Rules on Notarial Practice,  Court reiterated notary public must ensure  person signing document is present at the time of notarization and is either personally known to  notary or identified through competent evidence.

It stressed that  notary public should never notarize  document unless  individual who signed it is  same person who appeared before them to affirm  contents of document. 

Any violation of this rule,  Supreme Court said is violation of  Canon II of Code of Professional Responsibility and Accountability which replaced  old CPR. 

“Notably, Atty. Reago never even refuted Brozas-Garri’s allegation but, instead, countered that be and his wife merely exercised acts of administration over Brozas-Garri’ s property, and as such, said SPA was unnecessary and superfluous in  execution of  lease contract over  said property, and Brozas-Garri I was deemed to have ratified  lease considering her acceptance of  benefits from it,” it added.

Being suspended from  practice of law, Reago litigate nor do services of  lawyer for two years. Among these are notarizing documents.  He could once again practice law once his suspension is lifted. 

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17 Setyembre 2024, Martes

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Quad comm, Davao hearing on EJK

By Nidz Godino

“Committee would like to extend to him  opportunity to clear his name or to give information or rebut  testimony of witnesses,” Surigao del Sur Rep. Johnny Pimentel said io bring  legislative inquiry closer to former president Rodrigo Duterte, House quad committee may hold in Davao City its next hearings on various policies of his administration, including  deadly campaign against illegal drugs.

Although they are giving former president  courtesy of not compelling him to attend  quad hearings, Pimentel said they will again send  invitation to Duterte to be  resource speaker.

“We will send another invitation for the former president. .. invitation is not in any way that we will accuse him, more of giving him opportunity to respond and clear his name,” he stressed.

In case Duterte still declines invitation, Pimentel said  committee may decide to hold hearing in Davao City to give  former president  chance to attend without having to travel to Manila.

Pimentel clarified  lawmakers are not accusing former president of anything, adding that it was some of their witnesses who tagged him in alleged crimes.

Last week,  former warden of  Davao Prison and Penal Farm confirmed receiving  call from Duterte, who supposedly congratulated him after  killing of three Chinese drug lords in 2016.

Corrections Senior Supt. Gerardo Padilla confirmed  earlier testimony of  inmate regarding Duterte’s supposed phone call over  hit on drug lords.

Appearing at the hearing, Pimentel said, would allow Duterte to respond directly to  allegation.

Although lawmakers may move to cite for contempt those who refuse to appear during hearings,  Surigao congressman ruled out  possibility of doing so for Duterte.

“This is  former president, therefore we should also show some courtesy,” he said.

Same  applies to Sen. Ronald dela Rosa, with Pimentel noting inter-parliamentary courtesy for members of Congress.

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Rody may be held liable for harboring Quiboloy

By Nidz Godino

“There are names on the list, but we will wait for  formal submission of charges…we are coordinating with DOJ to ensure  cases we file are strong and airtight,” Philippine National Police (PNP) public information officer Col. Jean Fajardo at  press briefing in Camp Crame former president Rodrigo Duterte may be liable for obstruction of justice for harboring Kingdom of Jesus Christ (KOJC) leader Apollo Quiboloy,  Department of Justice (DOJ) said.

DOJ, through its budget sponsor Ako Bicol party-list Rep. Jil Bongalon, confirmed this during plenary deliberations of its proposed 2025 budget at House of Representatives.

Upon questioning of ACT Teachers party-list Rep. France Castro,  DOJ, through Bongalon, said obstruction of justice may be committed if  person interfered in arresting or punishing individual.

Asked if Duterte can be held liable under this law, Bongalon said, “yes, if  elements of offense are met.”

PNP created  special investigation team to focus on identifying individuals suspected of harboring Quiboloy after  PNP launched its operation to find  KOJC leader.

Fajardo, said there are plans to charge KOJC officers and members with obstruction of justice.

Meanwhile, Justice Secretary Jesus Crispin Remulla said Quiboloy is not deserving of house arrest because he “made it difficult” for authorities to take him into custody.

Although  decision to place Quiboloy under house arrest depends on  courts, Remulla said those who are usually given this are those who voluntarily surrender themselves to authorities.

“Those who hid and made it difficult for government to take them into custody are not usually allowed house arrest,” he added.

Remulla said “it does not appear” that Quiboloy voluntarily surrendered to  authorities, noting that it took  police 16 days to search for him in KOJC compound in Davao City.

“Either he was going to get caught, thus his decision to surrender, or he was about to be arrested and decided to surrender…in either case,  spontaneity of his action is absent,” he added.

Defense lawyers earlier asked  court to place Quiboloy either on house arrest or to transfer him to custody of  Armed Forces of the Philippines, citing security concerns and age.

Quiboloy, septuagenarian facing sexual and child abuse cases before  Quezon City court and qualified trafficking cases before  Pasig City court, is being held at PNP Custodial Center.

Meanwhile,  PNP has identified members of so-called Angels of Death  group Quiboloy allegedly used to intimidate and threaten victims of abuse within  KOJC.

Fajardo said  Angels of Death group is not merely symbolic.

“These individuals are real and we have already identified several names…they have been used to threaten and control victims,” Fajardo added.

She noted that  PNP has initiated efforts to revoke firearms licenses of these individuals.

According to Fajardo,  PNP is treating these individuals as  private army under Quiboloy’s command.

Group  allegedly takes orders from Quiboloy and has been used to manipulate, intimidate and instill fear among victims, particularly children. Fajardo said two new victims have come forward and expressed their intention to file charges against Quiboloy.

These victims were allegedly abused as minors and are now under  protection of PNP in Region 11.

“Victims are gaining courage because Quiboloy is now in custody, which they see as  sign that justice may finally be served,” Fajardo explained.

She added  victims’ testimonies align with those of previous complainants, detailing  pattern of manipulation and abuse that began when they were as young as 12 years old. 

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17 Setyembre 2024, Martes

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“I am not  fugitive”, Roque

By Nidz Godino

“I know that there are so many but as an ordinary person, I have my protection called  Bill of Rights under Constitution,” now  object of  police manhunt, former Duterte administration spokesman Harry Roque Jr. scoffs at being called  fugitive.

On Facebook Live, Roque declared: “I am not  fugitive…as  ordinary person, I am just exercising my right… I know lawmakers are powerful.”

House quad committee has  standing order for Roque’s arrest over his failure to submit documents related to his assets,  lawmakers say may be connected to criminal activities of Philippine offshore gaming operators (POGO).

Roque would await decision of  Supreme Court on his motion questioning  legality of  warrant of arrest issued by  quad committee.

“If  Supreme Court rules to provide  documents, I will comply but I will wait for  decision of  high tribunal and if I was cited in contempt of Congress, I will accept that because I am urging  Filipino people to issue  contempt of the people against  quad committee and this Congress,” Roque said.

He insisted he has no unexplained wealth as alleged by members of  quad panel.

“They want to charge me for unexplained wealth, excuse me, my family was able to send me in  United States, in London and then at the University of the Philippines, this could not be considered as unexplained wealth,” Roque stressed.

Roque said he will not allow himself to again be detained at  House of Representatives where he spent 24 hours in detention after being cited in contempt.

“My freedom is very important to me… I will no longer surrender my freedom just like what happened when I surrendered it for one day,” he added.

“I am availing of judicial review against  order issued in grave abuse of discretion amounting to lack of jurisdiction,” Roque, meanwhile, said in a text message.

Panel co-chair and Sta. Rosa, Laguna Rep. Dan Fernandez condemned Roque’s evasive actions, underscoring that his blatant disregard for House’s authority is  direct challenge to the institution.

Another committee co-chair, Surigao del Norte Rep. Robert Ace Barbers, said Roque’s refusal to cooperate only deepens suspicions regarding his involvement in  illegal activities in some POGO hubs.

Committee  has urged  public to provide any information on Roque’s whereabouts to aid law enforcement.

Quad committee member Surigao del Sur Rep. Johnny Pimentel said Roque may be prevented from leaving the country if he fails to show up on Thursday at the hearing of  panel.

Pimentel said  quad committee may ask  Bureau of Immigration (BI) to issue  hold departure against Roque if latter again skips next hearing  sixth on the issue  and evades  “order of detention” issued by  panel.

“So I strongly suggest to Mr. Harry Roque, for him to appear, we will have another hearing this coming Thursday so that he could shed light on  different questions that arise from his involvement in POGO, more specifically in Lucky South 99,” Pimentel said.

Panel branded Roque as  “fugitive” for failing to fulfill his commitment to submit some documents related to POGO operations.

Last week, House’s Sergeant-at-Arms served  order to his law office in Salcedo Village, Makati but went away empty handed.

Pimentel said committee secretariat has not received any “pertinent documents” from Roque.

He also revealed committee also considers issuing  “show cause order” to Roque’s wife Myla, who also snubbed  invitation to appear before committee.

“She has not appeared so most probably or highly likely during next hearing, we will already move for  show cause order to Mrs. Myla Roque, why she does not want to appear in our committee,” Pimentel added.

He explained  Myla Roque’s participation in the probe is crucial because her signature is on lease contract for  house in Tuba, Benguet where two Chinese nationals linked to POGO were arrested.

House  is “owned by  corporation, and that corporation is owned by  corporation wherein Harry Roque is  majority stakeholder, so in effect it is Harry Roque who owns  house actually,” Pimentel said. 

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1 Setyembre 2024, Linggo

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Cops raids POGO hub in Cebu

By J.Lo

POLICE authorities are looking into  132 foreigners  rounded up in  suspected illegal Philippine offshore gaming operator hub or scam farm in Lapu-Lapu City , Cebu.

National Bureau of Investigation (NBI) and other government agencies found  foreigners when they raided  scam farm in  hotel past 2 in the afternoon yesterday.

NBI director Jaime Santiago said  rescue operation was conducted on request of  Indonesian government.

Santiago said in  message on Viber  81 of  foreigners are from Indonesia, 47 from China, three from Myanmar and one from Taiwan.

Apart from  NBI, representatives from  Bureau of Immigration, Inter-Agency Council and Presidential Anti-Organized Crime Commission were involved in the operation.

Santiago said immigration personnel are checking  documents of people who were rounded up to determine who among them are victims.                           

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Jap animator, doctors among Magsaysay awardees

By Nidz Godino

“By championing  rural poor,  movement made sure to leave no one behind as nation marches forward to greater economic prosperity and modernization,” Ramon Magsaysay Awards said  one group and four individuals, including award-winning Studio Ghibli co-founder Hayao Miyazaki, were proclaimed as recipients of the Ramon Magsaysay Awards this year.

Aside from Miyazaki of Japan, environmental activist Farwiza Farhan of Indonesia, reproductive health advocate Nguyen Thi Ngoc Phuoc of Vietnam, scholar Karma Phuntsho of Bhutan and  Rural Doctors Movement from Thailand will receive  award, dubbed as “Asia’s highest prize and highest honor,” now on its 66th year.

Miyazaki, known for Oscar-winning animated films “Spirited Away” and “The Boy and the Heron”he both wrote and directed, was recognized for “his lifelong commitment to  use of art, specifically animation, to illuminate  human condition, especially lauding his devotion to children as torchbearers of  imagination, to whom he has passed  light and spark of his own,” according to  statement from  Ramon Magsaysay Award Foundation (RMAF).

It stressed  Japanese animator and filmmaker “tackles complicated issues, using his art to make them comprehensible to children, whether it be about protecting  environment, advocating for peace or championing  rights and roles of women in society.”

Farhan was given  award for her “profound understanding of  vital connection between nature and humanity, her commitment to social justice and responsible citizenship through her work with forest communities, and her promotion of greater awareness of  need to protect  beating heart and lungs of her country’s and Asia’s rich, but endangered natural resources.”

She founded  Yayasan Hutan Alam dan Lingkungan Aceh or HAKA, or Forest Nature and Environment of Aceh Foundation, protects  Leuser Ecosystem,  2.6-million hectare forest in Aceh province “where some of the world’s most highly endangered species have managed to survive.”

Physician  specializing in obstetrics and gynecology,  RMAF cited Phuong for her “extraordinary dedication and talent, but also  spirit of public service and  message of hope she continues to propagate among her people.”

Her study established that people exposed to tetrachlorodibenzodioxin , one of  most toxic and poisonous chemicals and  component of “Agent Orange”  that was sprayed by American forces in Vietnam during the war, suffered birth defects and miscarriages. She also took her advocacy against Agent Orange before medical forums particularly in  United States, demanding accountability and compensation from chemical companies.

RMAF added in acknowledging Phuong, “she offers proof that it can never be too late to right  wrongs of war, and gain justice and relief for its hapless victims.”

RMAF also bestowed  award on Bhutan’s Phuntsho,  former Buddhist monk who finished his master’s and doctorate degrees at Oxford University, for his “invaluable and enduring contributions towards harmonizing  richness of his country’s past with diverse predicaments and prospects of its present, inspiring young Bhutanese to be proud of their heritage and confident in their future.”

He founded  Loden Foundation, which advocated social entrepreneurship and led efforts to document and digitize  culture and heritage of Bhutan,  kingdom located on eastern side of  Himalayas.

Also awarded was Thailand’s Rural Doctors Movement,  campaigned for  improvement of and easier access to health care, especially in  country’s rural areas where residents had nothing to pay for health care programs. It is composed of  Rural Doctor Foundation and  Rural Doctor Society.

Conferment  ceremonies of the 66th Ramon Magsaysay Awards  named after  seventh president of the Philippines known as “Champion of the Masses” will be held on Nov. 16 at Metropolitan Theater in Manila.

Philippines has  highest tally of Ramon Magsaysay awardees with 65, latest being former government peace panel chair Miriam Coronel-Ferrer in 2023.

RMAF was established in 1957,  same year Magsaysay died in  plane crash, with  help of  Rockefeller Brothers Foundation with  objective of “honoring greatness of spirit in selfless service to  people of Asia.”

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1 Setyembre 2024, Linggo

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Clergy urges Espenido: Expose anomalies about Rody’s drug war

By J.Lo

“Declare whatever wrong you have done because you followed  corrupt…you can still give justice to  drug war victims…” Roman Catholic Fr. Flavie Villanueva, founder of Program Paghilom, called Lt. Col. Jovie Espenido to continue exposing  anomalies in  war on drugs during  Duterte administration.

Villanueva,  priest known for helping  kin of victims of extrajudicial killings appealed to controversial police official Espenido to continue exposing  anomalies in  war on drugs during  Duterte administration.

Villanueva said police officers should not let  Philippine National Police (PNP) be proven as  “biggest crime group” – as Espenido described – that only follows orders from officials of the previous administration.

Villanueva also said  statements of Espenido and other cops could be vital in unraveling  execution of the war on drugs by former president Rodrigo Duterte and Sen. Ronald Dela Rosa, who was then PNP chief.

During  House hearing, Espenido confirmed  reward and quota system during  war on drugs, and that “neutralizing” illegal drugs also meant killing persons involved in  illegal drug trade.

He added  testimonies of Espenido and others were proof that the truth was already coming out in the open,  police officers involved should take advantage of.

Villanueva’s Program Paghilom has helped estimated 300 families of victims of  war on drugs through various programs, including  establishment of  memorial site for  victims at the La Loma Cemetery in Quezon City.

Meanwhile, the Philippine National Police Academy Alumni Association Inc. has expressed concern over Espenido’s declaration that  PNP is biggest crime group in the country.

 7,637-strong PNPA alumni said Espenido’s broad and generalized accusation not only tarnished  police force’s reputation but also undermined  dedication of thousands of police officers who are working to serve and protect  public.

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CIV, Coca-Cola partner for mangrove project

By Nidz Godino

“This financing initiative delivers on Coca-Cola Foundation’s continued focus to help support climate resilience and enable vulnerable communities to adapt to impacts of climate change,” Coca-Cola Foundation president Carlos Pagoaga said Coca-Cola Foundation,  global philanthropic arm of The Coca-Cola Co.,  and Conservation International Ventures jointly announced  launch of  new, innovative climate resilience project in Southeast Asia to protect and restore mangrove areas, play  critical role in guarding against impact of climate change.

Globally, protecting mangrove areas against coastal flooding is estimated to help save more than $80 billion in losses annually, and could impact around 18 million people worldwide.

Southeast Asia is  critical region for mangrove ecosystems, including Indonesia,  home to 3.63 million hectares, representing  significant amount of  world’s remaining mangroves. Mangroves contribute to coastal resilience, especially in the Philippines, which experiences  devastation of multiple typhoons yearly.

Through  $1.5-million grant,  project will create dedicated investment pool in Conservation International’s Venture philanthropy fund, financing up to three to four small and medium sized enterprises.

Investment will go toward businesses that support local communities and mangrove protection such as crab cultivation or wild shellfish harvesting.

“While this is just  first step, we envision  this project will help improve  lives of thousands of people living in vulnerable shoreline communities by restoring and protecting mangrove coastlines across Indonesia and  Philippines,” he added.

Gracie White, Conservation International Ventures director of Global Ocean Investments, said, “Marine and coastal ecosystems, such as mangroves, seagrasses and salt marshes play  significant role in global climate mitigation and adaptation. Mangroves are climate superstars, single square kilometer of mangroves can lock away as much climate-warming carbon as  annual emissions of 35,000 cars.”

“This new innovative climate resilience project is latest to transform  way we approach climate protection and support businesses that are focused on  growth and protection of vital mangrove ecosystems…we are excited for  support of The Coca Cola Foundation on this effort,” White added.